Page:United States Statutes at Large Volume 114 Part 3.djvu/167

 PUBLIC LAW 106-398 —APPENDIX 114 STAT. 1654A-125 when it is not operating as a service in the Department of the Navy. "(g) DEFINITIONS. —In this section: "(1) The term 'person eligible for military legal assistance' means a person who is eligible for legal assistance under section 1044 of this title. "(2) The term 'military legal assistance counsel' means— "(A) a judge advocate (as defined in section 801(13) of this title); or "(B) a civilian attorney serving as a legal assistance officer under the provisions of section 1044 of this title. "(3) The term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each possession of the United States.". (b) CLERICAL AMENDMENT. — The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1044c the following new item: "1044d. Military testamentary instruments: requirement for recognition by States.". SEC. 552. POLICY CONCERNING RIGHTS OF INDIVIDUALS WHOSE NAMES HAVE BEEN ENTERED INTO DEPARTMENT OF DEFENSE OFFICIAL CRIMINAL INVESTIGATIVE REPORTS. (a) POLICY REQUIREMENT.— The Secretary of Defense shall establish a policy creating a uniform process within the Department of Defense that— (1) affords any individual who, in connection with the investigation of a reported crime, is designated (by name or by any other identifying information) as a suspect in the case in any official investigative report, or in a central index for potential retrieval and analysis by law enforcement organizations, an opportunity to obtain a review of that designation; and (2) requires the expungement of the name and other identifying information of any such individual from such report or index in any case in which it is determined the entry of such identifying information on that individual was made contrary to Department of Defense requirements. (b) EFFECTIVE DATE. —The policy required by subsection (a) shall be established not later than 120 days after the date of the enactment of this Act. SEC. 553. LIMITATION ON SECRETARIAL AUTHORITY TO GRANT CLEM- ENCY FOR MILITARY PRISONERS SERVING SENTENCE OF CONFINEMENT FOR LIFE WITHOUT ELIGIBILITY FOR PAROLE. (a) LIMITATION.— Section 874(a) of title 10, United States Code (article 74(a) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: "However, in the case of a sentence of confinement for life without eligibility for parole, after the sentence is ordered executed, the authority of the Secretary concerned under the preceding sentence (1) may not be delegated, and (2) may be exercised only after the service of a period of confinement of not less than 20 years.". (b) EFFECTIVE DATE.— The amendment made by subsection (a) shall not apply with respect to a sentence of confinement for life

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